Terms of Use & Privacy Policy

Solucalc-Connect application

Last updated March 12, 2024

A. Terms of Use

Agreement on Our Legal Terms

AGREEMENT ON OUR LEGAL TERMS We are Hydro-Bio-Sprl ("Company", "we", "us"), a company registered in Belgium at 15 rue du Rabiseau, Fleurus 6220, under number BE 0464.391.953. We operate the Solucalc Connect mobile application (the "App"), as well as any other associated products and services that refer to these legal terms (the "Legal Terms"), collectively referred to as the "Services". Our Services are marketed under the SoluCalc brand, a product name and registered trademark representing the group's unified commitment to quality in various regions, including Belgium, France and Spain. Sales activities in these countries are carried out by the respective entities: Hydro-Bio Sprl in Belgium, SoluCalc France in France and SoluCalc Spain in Spain. If you have any questions about our Services, please contact us using the details below: Belgium: Hydro-Bio Sprl, 15 rue du Rabiseau, Fleurus 6220, Belgium. Email: info@solucalc.com, Telephone: +32 2 888 70 80 These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity ("you"), and Hydro-Bio-Sprl, regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE ALL USE. Additional terms and conditions or documents that may be published on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to modify or revise these Legal Terms from time to time. We will notify you of any changes by updating the "last updated" date on these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to remain informed of any updates. You will be subject to, and will be deemed to have been informed of and to have accepted, changes in any revised Legal Terms by your continued use of the Services after the date of publication of such revised Legal Terms. The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not authorized to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
Contributions Generated by Users
Contribution License
Mobile Application License
Service Management
Privacy Policy
Term and Termination
Changes and Interruptions
Data Breach Notification Procedure
Applicable Law
Dispute Resolution
Corrections
Warning
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions and Signatures
Miscellaneous
Contact Us

1. OUR SERVICES

Our Services, via the 'Solucalc Connect' app, offer a connection to the 'Solucalc' IoT device using the MQTT protocol for real-time data monitoring. The app is designed to send device statistics to our servers several times a day at variable intervals. These statistics are permanently stored to improve user experience and service quality. The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, persons choosing to access the Services from other locations do so on their own initiative and are entirely responsible for compliance with local laws, to the extent that such local laws are applicable. Our Services may interact with third-party Products and Services. We may exchange data with these third parties to improve functionality and user experience. We do not control and are not responsible for the privacy practices of these third parties.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Trademarks are provided in or through the Services "AS IS" for your personal, non-commercial or internal business use only. Your use of our Services Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a revocable, non-exclusive, non-transferable license to: access the Services; and download or print a copy of any portion of the Content properly accessed by you, solely for your personal, non-commercial or internal business use. Except as otherwise provided in this section or elsewhere in our Legal Terms, no part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission. If you wish to make any use of the Services, the Content or the Marks other than as set forth in this section or elsewhere in our Legal Terms, please address your request to: info@solucalc.com. If we grant you permission to post, reproduce or publicly display any portion of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that a copyright or other proprietary notice appears or is visible when posting, reproducing or displaying our Content. We reserve all rights not expressly granted to you with respect to the Services, the Content and the Marks. Any infringement of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your Submissions Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload content via the Services. Submissions: By sending us directly any questions, comments, suggestions, ideas, feedback or other information regarding the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we own such Submission and have the right to use and distribute it freely for any lawful, commercial or other purpose, without acknowledgment or compensation to you. By sending us Submissions via any part of the Services, you : confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload or transmit through the Services any Submissions that are unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive ; waive, to the extent permitted by applicable law, all moral rights in such Submissions; warrant that all such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the aforementioned rights in connection with your Submissions; and warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to indemnify us for any losses we may suffer as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have legal capacity and agree to abide by these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services by automated or non-human means, whether via bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial enterprise except those specifically approved or authorized by us. As a user of the Services, you agree not to: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written authorization from us. Deceive, defraud or mislead us and other users, particularly in any attempt to learn sensitive account information such as user passwords. Bypass, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein. Depreciate, tarnish or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services to harass, abuse or harm another person. Misuse our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable law or regulation. Engage in unauthorized framing of or linking to Services. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, alters, disrupts or interferes with the use, features, functions, operation or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or use any data collection tools, robots or similar data gathering and extraction tools. Remove copyright or other proprietary notices from any Content. Attempt to impersonate another user or person, or use another user's username. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms'). Interfere with, disrupt or create an undue burden on the Services or networks or services connected to the Services. Harass, annoy, intimidate or threaten any employee or agent of our services engaged in providing any part of the Services to you. Attempt to circumvent any measure of the Services designed to prevent or restrict access to the Services, or any part of the Services. Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript or other code. Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software forming part of or in any way comprising any part of the Services. Except as a result of standard search engine usage or Internet browsing, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline player that accesses the Services, or use or launch any script or other unauthorized software. Use a purchasing agent or procurement agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses. Use the Services in any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating or commercial enterprise.

5. CONTRIBUTIONS GENERATED BY USERS

The Services do not offer users the ability to submit or publish content. We may give you the opportunity to create, submit, publish, display, transmit, perform, distribute or disseminate content and materials to us or on the Services, including but not limited to text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "Contributions"). Contributions may be visible to other users of the Services and through third-party websites. Thus, any Contribution you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available Contributions, you represent and warrant that: The creation, distribution, transmission, public display or performance, and the access, downloading or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights, of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Services and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. You have the written consent, release and/or permission of each individually identifiable person in your Submissions to use the name or likeness of each such individually identifiable person to enable the inclusion and use of your Submissions in any manner contemplated by the Services and these Legal Terms. Your Submissions are not false, inaccurate or misleading. Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation. Your Contributions are not obscene, lascivious, licentious, filthy, violent, harassing, defamatory, libelous or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, denigrate, intimidate or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against a specific person or group of persons. Your Contributions do not violate any applicable law, regulation or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law regarding child pornography, or otherwise intended to protect the health or welfare of minors. Your Contributions do not include any offensive comments that are related to race, national origin, gender, sexual preference or physical disability. Your Contributions do not violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process and use any information and personal data you provide under the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other comments regarding the Services, you agree that we may use and share such comments for any purpose without compensation to you. We do not assert any ownership rights in your Submissions. You retain full ownership of all your Submissions and of any intellectual property or other proprietary rights associated with your Submissions. We are not responsible for any statements or representations in your Submissions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless and refrain from taking any legal action against us regarding your Contributions.

7. MOBILE APPLICATION LICENSE

License of Use If you access the Services via the application (the App), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices that you own or control, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, enhancement, translation or derivative work of the App; (3) violate any applicable law, rule or regulation in connection with your access or use of the App; (4) remove, alter or obscure any proprietary notices (including any copyright or trademark notices) posted by us or the App's licensors; (5) use the App for any revenue-generating venture, commercial enterprise, or any other purpose for which it is not designed or intended; (6) make the App available over a network or other environment that allows access or use by multiple devices or users at the same time; (7) use the App to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated requests to a website or to send unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or device for use with the App. Apple and Android Devices The following terms apply when you use the App obtained from the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that uses Apple's iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service ; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to provide any maintenance and support services with respect to the App; (3) in the event of failure of the App to comply with any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor shall have no further warranty obligations whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a country "supporting terrorism" and (ii) you are not on a U.S. government list of prohibited or restricted parties; (5) you must comply with any applicable third-party terms of agreement when using the App, for example, if you have a VoIP application, then you must not violate their wireless data service agreement when using the App ; and (6) you acknowledge and agree that the App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Legal Terms, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Legal Terms against you as a third party beneficiary thereof.

8. SERVICE MANAGEMENT

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Contributions or any portion thereof ; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper operation of the Services.

9. PRIVACY POLICY

We are committed to protecting your privacy and complying with the General Data Protection Regulation (GDPR) and other data protection laws. Please see our Privacy Policy for detailed information on how we process and protect your personal data. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Germany. If you access the Services from another part of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Germany, then by your continued use of the Services, you are transferring your data to Germany, and you expressly consent to your data being transferred to and processed in Germany. In our commitment to transparency and compliance with data protection laws, we carefully detail how we collect, use, protect and store your data. The 'Solucalc Connect' application collects data from your 'Solucalc' IoT device, including but not limited to device operation statistics, usage patterns and performance metrics. This information enables us to provide real-time analytics, improve service quality and deliver personalized user experiences. We implement strict security measures to protect your data from unauthorized access, alteration or destruction. We ensure that your data is kept only for as long as is necessary for the purposes for which it was collected, or as required by law. Although we store device statistics on an ongoing basis for continuous service improvement, you may request deletion of your data, which will be carried out promptly except where we are legally obliged to retain it for longer periods. For more information on our data retention practices, please contact us. Our Privacy Policy also details how we manage the collection, storage and processing of statistics sent from your 'Solucalc' device to our servers. It also describes the measures we take to protect your privacy and how you can exercise your rights regarding your personal data.

10. DURATION AND TERMINATION

These Legal Terms shall remain in effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, suing for civil, criminal and injunctive relief.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or discontinue the content of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update the information on our Services. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. We cannot guarantee that the Services will be available at all times. We may encounter hardware, software or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice. You agree that we shall have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any period of discontinuance or interruption of the Services. Nothing in these Legal Terms shall be construed as obliging us to maintain and support the Services or to provide any corrections, updates or subsequent releases in connection therewith.

12. DATA VIOLATION NOTIFICATION PROCEDURE

In the unlikely event of a data breach, we will promptly investigate the matter and notify the relevant supervisory authority no later than 72 hours after becoming aware of it, unless the personal data breach is likely to pose a risk to the rights and freedoms of natural persons. Affected users will be informed in a prompt and transparent manner about the nature of the breach, the data involved, the possible consequences, and the measures taken to address the breach, as well as advice on how to protect themselves. This communication will take place as required by law and without undue delay. We will document any personal data breach, including the facts relating to the personal data breach, its effects and the corrective actions taken.

13. APPLICABLE LAW

The Terms, your use of the Services and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the country of operation applicable to the entity providing the Services: Belgium for Hydro-Bio Sprl, France for SoluCalc France, and Spain for SoluCalc Spain. Consequently, any disputes will be subject to the exclusive jurisdiction of the courts in the respective country. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms. For users residing in the European Union (EU), you are also protected by the mandatory consumer protection provisions of the law of your country of residence. Regardless of your geographic location, you and Hydro-Bio Sprl agree to submit to the non-exclusive jurisdiction of the courts of Liège for any dispute arising out of or relating to the use of the Services provided by Hydro-Bio Sprl in Belgium. This means that you may bring an action to defend your consumer protection rights in relation to these Terms either in Belgium or in the EU country where you reside. For services provided by SoluCalc France and SoluCalc Spain, similar claims may be brought in the respective jurisdictions of France and Spain.

14. DISPUTE RESOLUTION

Binding Arbitration In the event of any dispute arising out of or relating to these Legal Terms, the parties agree to seek an amicable resolution. If the parties fail to resolve the dispute amicably within a reasonable period of time, the dispute will be submitted to arbitration. The arbitration will be conducted by a sole arbitrator, appointed in accordance with the rules of the European Court of Arbitration, part of the European Arbitration Centre based in Strasbourg. The arbitration proceedings will be conducted in the French language. The place of arbitration shall be : Liège, Belgium The applicable substantive law rules will be those of the country in which the service is provided, namely Belgium for Hydro-Bio Sprl, France for SoluCalc France, and Spain for SoluCalc Spain. This arbitration clause does not affect the Parties' right to seek conservatory measures in any jurisdiction to protect its intellectual property rights or for emergency measures prior to the constitution of the arbitral tribunal. Restrictions The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons. Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions regarding binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property right of a Party; (b) any Dispute related to, or arising out of, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction in the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of such court.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES AND WE WILL NOT ASSUME ANY LIABILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR DISCONTINUANCE OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY MOBILE APPLICATION OR WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. INDEMNIFICATION

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of any third party's rights, including but not limited to intellectual property rights; or (5) any overtly harmful act towards another user of the Services with whom you have connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to such indemnification as soon as we become aware of it.

19. USER DATA

We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services: The 'Solucalc Connect' application collects and transmits statistics from your 'Solucalc' device to our servers for permanent storage. These statistics are essential to provide real-time views and improve our Services. Access to these statistics is restricted to Solucalc employees through an administrative dashboard for device and customer management, as well as to technicians responsible for device installation and maintenance. This ensures that your data is handled only by authorized personnel and is used to improve device functionality and customer support. Although we regularly perform routine data backups, you are solely responsible for all data you transmit or that relates to any activity you undertake while using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of such data. By using the 'Solucalc Connect' application, you consent to the collection, use and storage of data as described in our Privacy Policy and these Terms of Use. Your Device Data and User Submissions remain your property. We are granted a non-exclusive, royalty-free license to use the data for the operation and improvement of our Services. You have the right to request deletion of your User Submissions and Device Data in accordance with our Privacy Policy. We guarantee that your data is processed lawfully, transparently and securely. You may withdraw your consent at any time by contacting us at info@solucalc.com. Please note that withdrawing consent may affect the functionality and services available to you.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any law, regulation, rule, order or other statute in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or to payments or the extension of credit by any means other than electronic means.

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules published by us on or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of any provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms shall not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signature by the parties to enforce these Legal Terms. If you have any questions or concerns regarding the management of your 'Solucalc' device data and statistics, please contact us at the coordinates provided in the CONTACT US Section.

22. CONTACT US

To resolve a complaint about the Services or to receive more information about using the Services, please contact us at: Belgium: Hydro-Bio Sprl, 15 rue du Rabiseau, Fleurus 6220, Belgium. Email: info@solucalc.com, Phone: +32 2 888 70 80 ____________________________________________

B. PRIVACY POLICY

This privacy notice is issued jointly by Hydro-Bio Sprl and its affiliated entities, SoluCalc France and SoluCalc Spain, collectively referred to as "we", "us" or "our". It explains how and why we may collect, store, use and/or share ("process") your information when you use our services ("Services"), which include: Downloading and using our Solucalc Connect mobile application, or any other application from us that links to this privacy notice. Interacting with us through sales, marketing, events or any other related manner in Belgium, France and Spain. Our commitment to your privacy is paramount. This notice is intended to help you understand your privacy rights and choices. If our policies and practices do not meet your expectations, please do not use our Services. If you have any questions or concerns, please contact: Hydro-Bio Sprl, 15 rue du Rabiseau, Fleurus 6220, Belgium. Email: info@solucalc.com, Phone: +32 2 888 70 80

What Information Do We Collect?
How Do We Handle Your Information?
On What Legal Basis Do We Process Your Personal Information?
When and With Whom Do We Share Your Personal Information?
How Long Do We Keep Your Information?
How Do We Protect Your Information?
Do We Collect Information From Minors?
What Are Your Privacy Rights?
Do We Update This Notice?
How Can You Contact Us About This Notice?
How Can You Review, Update or Delete the Data We Collect From You?

1. WHAT INFORMATION DO WE COLLECT?

In short: We collect the personal information you provide and application data. We collect the personal information you voluntarily provide to us when you express an interest in obtaining information about us or our products and services, when you participate in activities on the Services, or otherwise when you contact us. Personal information provided by you. The personal information we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we may collect includes the following: names email addresses language passwords Sensitive information. We do not process sensitive information. Application data. If you use our application(s), we may also collect the following information if you choose to give us access or permission: Mobile device data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, system version and configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile operator, and IP address (or proxy server). If you use our application(s), we may also collect information about the telephone network associated with your mobile device, the operating system or platform of your mobile device, the type of mobile device you are using, the unique ID of your mobile device, and information about the features of our application(s) that you have accessed. Push notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to unsubscribe from these types of communications, you can disable them in your device settings. IoT device data. In addition to the personal information you provide, our app collects data from connected 'Solucalc' IoT devices. This includes device status, usage statistics, performance metrics, and other relevant data transmitted securely using the MQTT protocol. This information is crucial for providing personalized service and real-time analysis within the application. This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analysis and reporting. All personal information you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE PROCESS YOUR INFORMATION?

In brief: We process your information to provide, improve and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on your interaction with our Services, including: To save or protect a person's vital interests. We may process your information where necessary to save or protect an individual's vital interest, such as preventing harm. Processing information from your 'Solucalc' IoT device to provide real-time views and analytics, enhancing your user experience. This includes processing data transmitted at variable intervals to our servers for analysis and service improvement. Our legal basis for this processing includes your consent and our legitimate interest in providing a functional and efficient service.

3. WHAT LEGAL BASIS DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

In short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, such as with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights or to satisfy our legitimate business interests. The General Data Protection Regulation (GDPR) and the UK GDPR require us to explain the valid legal bases on which we rely to process your personal information. As such, we may rely on the following legal bases to process your personal information: Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You may withdraw your consent at any time. Learn more about withdrawing your consent. Legal obligations. We may process your information when we believe it is necessary to comply with our legal obligations, such as cooperating with a law enforcement or regulatory agency, exercising or defending our legal rights, or disclosing your information as evidence in a dispute in which we are involved. Vital interests. We may process your information where we believe it is necessary to protect your vital interests or those of a third party, such as in situations involving potential threats to the safety of any person.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may need to share your personal information in the following situations: : Access to your device data and statistics is strictly limited to authorized Solucalc employees and technicians who need it to perform their job functions, such as service improvement and technical support. We maintain strict confidentiality and access controls are in place to protect your information. We may share or transfer your information as part of, or during the negotiations of, any merger, sale of business assets, financing, or acquisition of all or part of our business by another company.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In short: We will keep your information for as long as necessary to fulfill the purposes described in this privacy notice, unless the law requires a longer retention period. We will retain your personal information for as long as necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as for tax, accounting or other legal requirements). When we no longer have a legitimate business need to process your personal information, we will delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in a backup archive), then we will store your personal information securely and isolate it from further processing until deletion is possible. We permanently store statistics collected from your 'Solucalc' IoT device to continually improve our services. However, you have the right to request the deletion of your data at any time. Please email us at info@solucalc.com to initiate a deletion request, which we will process in accordance with applicable data protection laws.

6. HOW DO WE PROTECT YOUR INFORMATION?

In short: We aim to protect your personal information through a system of technical and organizational security measures. We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of all personal information and data collected from your 'Solucalc' IoT device that we process. However, despite our precautions and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals or other unauthorized third parties will not be able to circumvent our security and improperly collect, access, steal or modify your information. Although we will do our best to protect your personal information, the transmission of personal information to and from our Services is at your own risk. You should only access the Services in a secure environment.

7. DO WE COLLECT INFORMATION ABOUT MINORS?

In summary: We do not knowingly collect data from or market to children under the age of 18. We do not knowingly solicit data from or market to children under the age of 18. By using the Services, you represent that you are at least 18 years of age or the parent or legal guardian of such a minor and consent to the use of the Services by such dependent minor. If we learn that personal information has been collected from users under the age of 18, we will deactivate the account and take reasonable steps to promptly delete such data from our records. If you become aware of any data we may have collected from children under the age of 18, please contact us at info@solucalc.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In brief: In certain regions, such as the European Economic Area (EEA), the United Kingdom (UK) and Switzerland, you have rights allowing you to further access and control your personal information. You can consult, modify or close your account at any time. In some regions (such as the EEA, UK and Switzerland), you have specific rights under applicable data protection laws. This may include the right (i) to request access to and obtain a copy of your personal information; (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us using the contact details provided in the 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' section below. We will investigate and act on any request in accordance with applicable data protection laws. Depending on your geographical location, you have the right to lodge a complaint with your local data protection authority. In Belgium, this is the Data Protection Authority (DPA). In France, it's the Commission Nationale de l'Informatique et des Libertés (CNIL). In Spain, it's the Agencia Española de Protección de Datos (AEPD). If you are located in the EEA or the UK and you believe that we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or to the UK data protection authority. If you are located in Switzerland, you can contact the Swiss Federal Data Protection and Information Commissioner. Withdrawal of consent: You have the right to withdraw your consent at any time for the collection of data from your 'Solucalc' IoT device and for the receipt of push notifications. To manage your preferences, please adjust your device settings or contact us directly. You may withdraw your consent at any time by contacting us using the contact details provided in the 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' section below. However, please note that this will not affect the lawfulness of the processing prior to withdrawal, nor will it affect the processing of your personal information carried out in reliance on lawful processing grounds other than consent. If you have any questions or comments regarding your privacy rights, you can email us at info@solucalc.com.

9. DO WE MAKE UPDATES TO THIS NOTICE?

In short: Yes, we will update this notice as necessary to remain compliant with relevant legislation. We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revision" date and the new version will be effective as soon as it is available. If we make material changes to this Privacy Notice, we may notify you either by conspicuously posting a notice of such changes or by sending you a notice directly. We encourage you to periodically review this Privacy Notice to be informed of how we are protecting your information.

10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have any questions or comments about this leaflet, please email us at info@solucalc.com or contact us at: Hydro-Bio Sprl, 15 rue du Rabiseau, Fleurus 6220, Belgium. Email : info@solucalc.com, Phone : +32 2 888 70 80

11. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

You have the right to request access to, modify or delete the personal information we collect from you and any data collected from your 'Solucalc' IoT device. To request to review, update or delete your personal information, please contact us at info@solucalc.com.

Terms of Use & Privacy Policy - Application Solucalc-Connect